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Re: Psystar's legal reply brief in response to Apple

From: RJack
Subject: Re: Psystar's legal reply brief in response to Apple
Date: Wed, 08 Dec 2010 15:57:40 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 6.1; en-US; rv: Gecko/20100713 Thunderbird/3.1.1

On 8/5/2010 12:12 PM, Hyman Rosen wrote:
On 8/5/2010 12:02 PM, Alexander Terekhov wrote:
CAFC appears to be thoroughly confused

Unfortunately for you, your opinion that the court is confused does
nothing to vitiate its ruling. In the battle of crank vs. court,
crank loses.

To understand the concept of "conditions" see

Perhaps you should go lecture the court. Maybe you can get the
opinion reversed.

Why bother to get it reversed? The useless opinion carries with it no
precedential value whatsoever. Alexander's opinion carries just as much
legal weight:

"In Bandag, Inc. v. Al Bolser's Tire Stores, Inc., 750 F.2d 903, at 909
(Fed.Cir.1984), this court said:

Accordingly, we deem it appropriate here to decide non-patent matters in
the light of the problems faced by the district court from which each
count originated, including the law there applicable. In this manner, we
desire to avoid exacerbating  the problem of intercircuit conflicts in
non-patent areas. A district court judge should not be expected to look
over his shoulder to the law in this circuit, save as to those claims
over which our subject matter jurisdiction is exclusive.

The freedom of the district courts to follow the guidance of their
particular circuits in all but the substantive law fields assigned
exclusively to this court is recognized in the foregoing opinions and in
this case."; ATARI, INC., v. JS & A GROUP, INC., 747 F.2d 1422, 223 USPQ
1074  (Fed. Cir. 1984) (sitting en banc)

Meanwhile, "Having determined that the terms of the Artistic License
are enforceable copyright conditions" we can go forward assuming that
the GPL is a straightforward copyright license which works just as it
says it does.

A-S-S-U-M-E will make an A-S-S out of U and M-E ever time Hyman.

Rjack :)

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